RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 

NAME: XXXXXXXXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY 

CASE NUMBER: PD1200508 SEPARATION DATE: 20040326 

BOARD DATE: 20130212 

 

 

SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this 
covered individual (CI) was a National Guard (Active Guard Reserve) SSGT/E-6 (88M30/Motor 
Transport Operator and 92G/Food Service Specialist), medically separated for lumbar 
degenerative disc disease (DDD), cervical spondylosis with neck pain, right ankle pain, and 
patellofemoral pain. The CI had a history of low back pain (LBP) from a motor vehicle accident 
(MVA) in 1996. A line of duty (LOD) investigation in March 2003 determined the lumbar DDD 
existed prior to service (EPTS) but was aggravated by service due to a fall in December 2001 
while on active duty. The CI received a LOD for service aggravation for a fall while on active 
duty in December 2001. Despite non-steroidal anti-inflammatory drugs (NSAIDS), epidural 
steroidal injections (ESI), neurosurgery consultations, physical therapy (PT), occupational 
therapy (OT), and chiropractor evaluations, the CI failed to meet the physical requirements of 
his Military Occupational Specialty (MOS) or satisfy physical fitness standards. He was issued a 
permanent U3, L3 profile and referred for a Medical Evaluation Board (MEB). The MEB 
forwarded lumbar DDD as EPTS with service aggravation; cervical spondylosis, right ankle pain, 
and patellofemoral pain conditions all as EPTS without service aggravation; and chronic active 
hepatitis C, mild intermittent asthma, mitral valve prolapse (MVP) with atypical chest pain, 
gastro esophageal reflux disease (GERD), seasonal allergic rhino conjunctivitis, 
acromioclavicular (AC) degenerative joint disease (DJD), chronic plantar fasciitis, incidental 
gallstones, and situational adjustment disorder all as medically acceptable conditions to the 
Physical Evaluation Board (PEB). The MEB forwarded no other conditions for PEB adjudication. 
The CI did not agree with the MEB’s findings and submitted a letter attesting his right knee and 
right ankle conditions had been aggravated by service. The PEB adjudicated the chronic back 
pain due to lumbar DDD as unfitting and assigned a 10 % rating with application of the Veterans 
Affairs Schedule for Rating Disabilities (VASRD). The PEB adjudicated chronic pain of neck, both 
knees, and right ankle rated as unfitting but EPTS without service aggravation with application 
of Department of Defense Instruction (DoDI) 1332.39. The remaining conditions were 
determined to be not unfitting and no rating was assigned. The CI made no appeals and he was 
then medically separated with a 10% disability rating. 

 

 

CI CONTENTION: “Surgery on right ankle, Right knee, Hep C” 

 

 

SCOPE OF REVIEW: The Board wishes to clarify that the scope of its review as defined in DoDI 
6040.44, Enclosure 3, paragraph 5.e. (2) is limited to those conditions which were determined 
by the PEB to be specifically unfitting for continued military service; or, when requested by the 
CI, those condition(s) “identified but not determined to be unfitting by the PEB.” The ratings 
for unfitting conditions will be reviewed in all cases. The right ankle, right knee, and hepatitis C 
requested for consideration and the unfitting CBP due to lumbar DDD meet the criteria 
prescribed in DoDI 6040.44 for Board purview, and are accordingly addressed below. Any 
conditions or contention not requested in this application, or otherwise outside the Board’s 
defined scope of review, remain eligible for future consideration by the Army Board for 
Correction of Military Records. 

 

 


RATING COMPARISON: 

 

Service FPEB – Dated 20031218 

VA (15 Months Pre -Separation) – All Effective Date 20020503 

Condition 

Code 

Rating 

Condition 

Code 

Rating 

Exam 

Chronic Back Pain due to 
Lumbar DDD 

5299-
5237 

10% 

DDD Lumbar Spine 

5010-
5292 

20% 

20030210 

Situational Adjustment 
Disorder 

Not Unfitting 

Anxiety Disorder associated with 
DDD Lumbar Spine 

9413 

50%** 

20040930 

Chronic Pain, Neck 

5099-
5003 

EPTS* 

Degenerative Changes Cervical Spine 

5010-
5290 

10%*** 

20030210 

Chronic Pain, Right Ankle 
Pain 

5099-
5003 

EPTS* 

Joint Derangement, Right Ankle 

5271 

NSC 

20030120 

Chronic Pain, Bilateral 
Knees 

5099-
5003 

EPTS* 

Retropatellar Pain Syndrome, Right 
Knee 

5260 

NSC 

20030120 

Osgood-Schlatter Disease, Left Knee 

5260 

NSC 

20030120 

Chronic Active Hepatitis C 

Not Unfitting 

Hepatitis C 

7345 

NSC 

20030210 

Mild Intermittent Asthma 

Not Unfitting 

Not Service-Connected (NSC) x 10 others 

Mitral Valve prolapse 

Not Unfitting 

GERD 

Not Unfitting 

Rhinoconjunctivitis 

Not Unfitting 

Acromioclavicular DJD 

Not Unfitting 

Chronic Plantar Fasciitis 

Not Unfitting 

Incidental Gallstones 

Not Unfitting 

.No Additional MEB/PEB Entries. 

Combined: 10% 

Combined: 30%**** 



*Existed prior to service (EPTS) and not aggravated by service 

**Rating effective 20020607 

**Increased to 20 percent effective 20050602 

****Increased to 60 percent effective 20020607 after Anxiety disorder added at 50 percent and 70 percent effective 20050602 
when cervical spine rating increased to 20 percent 

 

 

ANALYSIS SUMMARY: The Board’s authority as defined in DoDI 6040.44, resides in evaluating 
the fairness of Disability Evaluation System (DES) fitness determinations and rating decisions for 
disability at the time of separation. The Board utilizes VA evidence proximal to separation in 
arriving at its recommendations; and, DoDI 6040.44 defines a 12-month interval for special 
consideration to post-separation evidence. Post-separation evidence is probative only to the 
extent that it reasonably reflects the disability and fitness implications at the time of 
separation. 

 

Chronic Back Pain due to Lumbar Degenerative Disc Disease. There were three range-of-motion 
(ROM) evaluations in evidence, with documentation of additional ratable criteria, which the 
Board weighed in arriving at its rating recommendation; as summarized in the chart below. 

 

Thoracolumbar ROM 

PT ~16 Mo. Pre-Sep 

VA C&P ~15 Mo. Pre-Sep 

MEB ~4 Mo. Pre-Sep 

Flexion (90° Normal) 

20° 

45°, no change with repetition 

Full ROM 

Ext (0-30) 

20° 

10°, 20° with repetition 

R Lat Flex (0-30) 

Not Reported 

15°, no change with repetition 

L Lat Flex 0-30) 

15°, no change with repetition 

R Rotation (0-30) 45° 

20° 

20°, 10° with repetition 

L Rotation (0-30) 45° 

20° 

20°, 10° with repetition 

Combined (240°) 

 

125°, 115° with repetition 

Comment 

2/1997 CT scan disc 
bulging L5-S1 level 

1/02 MRI-DDD 
significant left L3-4 

Normal Values used 
were different 
(flexion 80° and 
extension 40°); gait 
normal; Waddell’s 
4/5 

 Pain limited motion; antalgic 
gait; normal posture; ROM’s 
painful motion; mild 
paravertebral muscle spasms; 
negative straight leg raise; 
motor/sensory intact; reflexes 
normal 

Myofascial pain with palpation; 
multiple trigger points in upper back; 
sensory/motor intact; heel/toe 
walking intact; Waddell’s +1/5 for 
hypersensitivity; Referenced Form DD 
2808 9 months pre-separation: 
Lumbar pain with full ROM, Waddell’s 
0/5 

§4.71a Rating 

40% 

20% 

10% (EPTS but Service Aggravated) 




The lumbar spine condition was well documented in the service treatment record (STR). An 
ultrasound performed in August 1996 indicated bilateral nerve root inflammation with mild 
facet area inflammation also noted at L4. The lumbar spine CT scan demonstrated a mild broad 
central and left paracentral disc bulging at the L5-S1 level. The magnetic resonance imaging 
(MRI) demonstrated DDD with most significant changes at L3-4 on the left. A PT exam 
approximately 16 months prior to separation indicated pain was constant and severe, located in 
the lower back with paresthesias in the feet, burning in the thighs, and sciatic pain. Physical 
findings are in the chart above. The VA Compensation & Pension (C&P) examination 15 months 
prior to separation indicated intermittent sharp throbbing pain; two to three flare-ups per week 
lasting approximately 3 hours and causing limitation of motion; walking limited to 100 yards; 
requiring a dressing apparatus to dress and assistance with bathing; and an inability to 
participate in recreational activities. The physical exam findings from the C&P exam are in the 
chart above. The MEB narrative summary (NARSUM) examination 4 months prior to separation 
indicated sleep disturbance, physical limitations of inability to complete an Army Physical 
Fitness Test (APFT), twenty pounds weight lifting restriction, and intermittent radicular 
symptoms. The physical findings from the MEB exam are in the chart above. The commander’s 
statement indicated that the CI’s back injury prevented him from lifting, twisting, stooping, or 
standing for long periods of time or participating in general physical exercise. 

 

The Army initially ruled that the low back injury EPTS, without service aggravation. However, 
after a LOD investigation appeal, the records were changed to “In LOD-EPTS-Aggravation for 
DDD.” The following reason was cited for changing the LOD: “The Surgeon General has opined 
that DD is a process that develops over a person’s lifetime. It does not occur as a result of a 
single injury, but a single injury may aggravate it. Whether the soldier’s chronic LBP is a 
permanent aggravation of a pre-existing degenerative disc or a continuation of residuals lumbar 
strain cannot be determined. Therefore, benefit of any doubt should be given to the soldier.” 

 

The Board directs attention to its rating recommendation based on the above evidence. The 
PEB used the current VASRD spine rules, which were in effect at the time of separation and 
coded the lumbar DDD condition analogous to 5237 lumbosacral or cervical strain rand 
assigned a 10% rating (localized tenderness not resulting in abnormal gait or abnormal spinal 
contour). The VA used the old 2003 spine rules and coded the DDD lumbar spine condition 
5010 arthritis, due to trauma, substantiated by X-ray findings with 5292 spine, limitation of 
motion of, lumbar: moderate rated at 20%. In 2006, the VA updated the rating with the current 
VASRD code 5010-5237 but did not change the rating. The new spine Rules General Rating 
Formula for Diseases and Injuries of the spine considers the CI’s pain symptoms “With or 
without symptoms such as pain (whether or not it radiates), stiffness, or aching in the area of 
the spine affected by residuals of injury or disease.” The most recent MEB NARSUM exam prior 
to separation, demonstrated an improvement in the CI’s lumbar spine with full ROM, however 
there was myofascial pain on palpation. The MEB examination completed 5 months prior to 
separation documented “lumbar pain with full ROM.” Board precedent is that a functional 
impairment tied to fitness is required to support a recommendation for addition of a peripheral 
nerve rating at separation. The pain component of a radiculopathy is subsumed under the 
general spine rating as specified in §4.71a. While the CI did have evidence of a bilateral 
radiculopathy, there was no evidence of any functional impairment related to it. Therefore, the 
Board cannot support a recommendation for additional rating based on peripheral nerve 
impairment. After due deliberation, considering all of the evidence and mindful of VASRD §4.3 
(reasonable doubt), the Board concluded that there was insufficient cause to recommend a 
change in the PEB adjudication for the chronic pain due to lumbar DDD condition. 

 

Chronic Neck Pain Condition: The PEB determined this condition was unfitting but was also 
EPTS and not aggravated by service. The VA service-connected this condition based on the LOD 
investigation discussed above; stating the LOD indicated the CI had injured his neck as well as 
his back in the fall in December 2001. The STR does substantiate neck pain increased after 


December 2001 and persisted at least to the time of the MEB NARSUM in November 2003. VA 
treatment notes document persistent neck pain through June 2010. The CI was issued a 
permanent U3 profile for neck pain with significant restrictions that can be attributed to this 
condition including no wearing of a helmet. The commander’s letter does not specifically 
address neck pain. While the DoDI 6040.44 does not specifically address countering PEB service 
aggravation determinations, the Board remains adherent to the DoDI 6040.44 “fair and 
equitable” standard and VASRD §4.22 rating of disabilities aggravated by active service. VASRD 
§4.22 states, “It is necessary therefore, in all cases of this character to deduct from the present 
degree of disability the degree, if ascertainable, of the disability existing at the time of entrance 
into active service, in terms of the rating schedule, except that if the disability is total (100 
percent) no deduction will be made. The resulting difference will be recorded on the rating 
sheet. If the degree of disability at the time of entrance into the service is not ascertainable in 
terms of the schedule, no deduction will be made.” 

 

There were three ROM evaluations in evidence, with documentation of additional ratable 
criteria, which the Board weighed in arriving at its rating recommendation; as summarized in 
the chart below. 

 

Cervical ROM 

VA C&P ~13 Mo Pre-Sep 

Med Clinic~8 Mo. Pre-Sep 

MEB ~4 Mo. Pre-Sep 

Flex (45° Normal) 

20° *25° 

30° 

Good ROM* 

Ext (0-45) 

30° *25° 

60° 

Good ROM* 

R Lat Flex (0-45) 

30° *10° 

20° 

Good ROM* 

L Lat Flex (0-45) 

30° *10° 

20° 

Good ROM* 

R Rotation (0-80) 

60° *10° 

60° 

Good ROM* 

L Rotation (0-80) 

60° *10° 

60° 

Good ROM* 

COMBINED (340°) 

 230° /*90° 

250° 

Multiple trigger points 
paraspinal areas 

Comment 

8/96 

6/03 MRI- C5-6 disc 
protrusion left neural 
foramen with 
moderate narrowing; 

* Pain limited motion; ROM’s 
painful motion; mild paravertebral 
muscle spasms; motor/sensory 
intact; reflexes normal 

“Pain”; Sensory decreased to 
pain, temp, vibration in S1 
distribution; Spurlings test +; 
Hoffman’s? 

*Pain; tenderness 

§4.71a Rating 

 

 

 

2003 VASRD 

5290 

30% severe limitation of motion 

10% or 20% 

10% 

Current VASRD 

20% 

10% 

10% (PEB EPTS, not 
service aggravated) 



 

The CI reenlisted into the National Guard in November 1994. The CI was injured in a MVA in 
July 1996 and the worker’s compensation claim for cervical strain, thoracic strain, and lumbar 
strain was accepted by the US Dept. of Labor in October 1996. While on duty working in a 
kitchen, the CI lifted a 5-gallon pot and slipped to the floor injuring both his neck and lumbar 
spine. The CI underwent a cervical spine MRI in March 2002 for “episodes of neck and 
trapezius pains >3-6 months.” The MRI results demonstrated cervical spondylosis at the C5-6 
level. The MEB examination 4 months prior to separation indicated that the CI stated that he 
had chronic constant neck pain since the 1996 accident that caused an inability to wear his 
helmet or perform any high impact activity. The MEB physical exam findings are in the chart 
above. The C&P examination 13 months prior to separation indicated intermittent sharp 
throbbing neck pain with two to three flare-ups per week lasting approximately 3 hours. The 
physical exam findings from the C&P exam are in the chart above. 

 

The Board directs attention to its rating recommendation based on the above evidence. The 
PEB coded the cervical spondylosis condition analogous to 5003 arthritis, degenerative 
(hypertrophic or osteoarthritis), however no rating was applied because the condition was 
adjudged to EPTS without service aggravation. The VA granted service-connection for the neck 


injury based on their interpretation of the LOD determination and the STR that document the CI 
injured both his back and his neck in December 2001. The VA used the 2003 spine rules and 
coded the neck condition 5010 arthritis, due to trauma, substantiated by X-ray findings with 
5290 spine, limitation of motion of, cervical: slight rated at 10 percent. While the examination 
warranted a 30% rating under the old 2003 VASRD spine rules that were in effect at the time, 
the VA deducted 20%.. The VA stated that prior to his service, the CI’s neck disability was 
considered 20% based on evidence of cervical spasms. This resulted in a 10% disability rating. 

 

The Board’s main charge regarding this condition is evaluation of the PEB’s EPTS without 
service aggravation determination. The Board’s authority for recommending a change in the 
aggravation determination is not specified in DoDI 6040.44, and is considered adjunct to its 
DoD-specified obligation to review disability rating determinations. Both prior service and 
service disability ratings are determined IAW the VASRD §4.3 (reasonable doubt) standard and 
the final disability percent rating is determined by deducting the prior service rating from the 
service rating. The C&P examination used to determine the 30% disability rating was based on 
an exam completed more than a year prior to separation and the two other examinations noted 
in the chart above are much closer to the date of separation. Therefore, more probative value 
is placed on these service examinations. The current spine rules were in effect at the time of 
separation and those rating criteria will be used to determine the disability rating. The prior 
disability rating determined by the VA will be deducted to determine the final disability rating. 
The examinations support a disability rating of 10% and with a deduction of 20%, the final 
rating would be 0%. After due deliberation, considering all of the evidence and mindful of 
VASRD §4.3 (reasonable doubt), the Board concluded that there was insufficient cause to 
recommend a change in the PEB adjudication for the cervical spondylosis condition. 

 

Chronic Knee Pain Condition. The PEB determined this condition was unfitting but also EPTS, 
without service aggravation. This was based on a history of bilateral knee pain consistent with 
patellofemoral syndrome (PFS) that had been present since 1978. The VA determined no 
service connection for either right or left knee pain. Although the C&P examination in January 
2003 noted retropatellar pain syndrome of the right knee and Osgood-Schlatter’s disease of the 
left knee, the VA determined that neither knee condition was service-connected because no 
available evidence demonstrated that either knee condition began in or was aggravated by 
military service. An Informal LOD investigation was completed after a left knee injury in June 
2003 and it determined the injury occurred in the LOD. No treatment notes related to this 
injury are available for review. 

 

There were two ROM evaluations in evidence, with documentation of additional ratable 
criteria, which the Board weighed in arriving at its rating recommendation; as summarized in 
the chart below. 

 


 

Knee ROM 

VA C&P ~14 Mo. Pre-Sep 

 

MEB ~9 Mo. Pre-Sep 

 

Left 

Right 

 

Left 

 

Right 

Flexion (140° Normal) 

140° 

140° 

No ROM’s 

Extension (0° Normal) 

No ROM 

Comment 

6/02 Right knee nml 

“Locking”; painful motion; guarding; mild 
antalgic gait; left leg 36 ¼ inches long; right 
leg 36 3/8 inches long; crepitus 

Knee brace on right; facet pain; good 
stability 

 §4.71a Rating 

 

10% (VA NSC) 

 

 

10% (PEB EPTS, not service aggravated) 

 



 

The C&P examination 14 months prior to separation noted complaints of locking in both knees 
daily pain lasting for 6 to 7 hours and pain aggravated by cold. The physical exam findings from 
the C&P exam are in the chart above. The MEB NARSUM examination 9 months prior to 
separation indicated that the CI had bilateral knee pain consistent with PFS since 1978 with 
symptoms occurring 80% of the time causing sleep disturbance, requiring braces and 
preventing alternative APFT testing. The MEB physical exam findings are in the chart above. 

 

The Board directs attention to its rating recommendation based on the above evidence. The 
PEB coded the patellofemoral pain condition 5099 analogous to 5003 arthritis, degenerative 
(hypertrophic or osteoarthritis), however no rating was applied because the condition was 
adjudged to be EPTS and not service aggravated. The VA determined neither knee condition 
was service-connected. The Board’s main charge regarding this condition is evaluation of the 
PEB’s EPTS without service aggravation determination. The Board’s authority for 
recommending a change in the service aggravation determination is not specified in DoDI 
6040.44, and is considered adjunct to its DoD-specified obligation to review disability rating 
determinations. While the DoDI 6040.44 does not specifically address countering PEB service 
aggravation determinations, the Board remains adherent to the DoDI 6040.44 “fair and 
equitable” standard and VASRD §4.22 rating of disabilities aggravated by active service. Both 
prior service and service disability ratings are determined IAW the VASRD §4.3 (reasonable 
doubt) standard and the final disability percent rating is determined by deducting the prior 
service rating from the service rating. The Board evaluated the evidence for any indications 
that the condition, although not service-incurred, was service aggravated. However, there was 
no foundation for a convincing argument to that effect. The MEB NARSUM stated that the 
condition existed since 1978; the CI did not require PT for rehabilitation. Although there was a 
LOD injury of the left knee in June 2003, this injury did not cause aggravation to the existing 
condition. The C&P examination completed prior to the June 2003 injury and the MEB 
NARSUM examination completed after the June 2003 injury both document the same level of 
functional impairment. Therefore, a finding of service aggravation based on the June 2003 
injury is not warranted. After due deliberation, considering all of the evidence and mindful of 
VASRD §4.3 (reasonable doubt), the Board concluded that there was insufficient cause to 
recommend a change in the PEB adjudication for the bilateral knee condition. 

 

Chronic Right Ankle Pain Condition. The PEB determined this condition was unfitting but was 
also EPTS and without service aggravation. This was based on the history of right ankle pain 
after an injury that occurred in April 2001, prior to service. This injury resulted in a right deltoid 
ligament repair in August 2002. The VA did not service-connect right ankle pain stating there 
was no evidence of any relationship between the CI’s right ankle condition and any disease or 
injury incurred during military service. There is no evidence in the record available for review of 
any other injury or event affecting this condition occurred in the line of duty. 

 


The Board’s main charge regarding this condition is evaluation of the PEB’s EPTS without 
service aggravation determination. The Board’s authority for recommending a change in the 
service aggravation determination is not specified in DoDI 6040.44, and is considered adjunct to 
its DoD-specified obligation to review the disability rating determination. While the DoDI 
6040.44 does not specifically address countering PEB service aggravation determinations, the 
Board remains adherent to the DoDI 6040.44 “fair and equitable” standard and VASRD §4.22 
rating of disabilities aggravated by active service. Both prior service and service disability 
ratings are determined IAW the VASRD §4.3 (reasonable doubt) standard and the final disability 
percent rating is determined by deducting the prior service rating from the service rating. The 
Board evaluated the evidence for any indications that this condition, although not service 
incurred, was service aggravated. The available evidence shows the condition existed prior to 
call up in April 2001 and there is no evidence that any further injury occurred in the LOD. 
Therefore, there is no foundation for a convincing argument to support service aggravation. 
After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable 
doubt), the Board concluded that there was insufficient cause to recommend a change in the 
PEB adjudication for the chronic pain, right ankle condition. 

 

Contended PEB Conditions. The contended condition adjudicated as not unfitting by the PEB 
was hepatitis C. The Board’s first charge with respect to this condition is an assessment of the 
appropriateness of the PEB’s fitness adjudication. The Board’s threshold for countering fitness 
determinations is higher than the VASRD §4.3 (reasonable doubt) standard used for its rating 
recommendations, but remains adherent to the DoDI 6040.44 “fair and equitable” standard. 
This condition was not profiled, it was not implicated in the commander’s statement, and it was 
not judged to fail retention standards. This condition was reviewed by the action officer and 
considered by the Board. There was no indication from the record that this condition 
significantly interfered with satisfactory duty performance. After due deliberation in 
consideration of the preponderance of the evidence, the Board concluded that there was 
insufficient cause to recommend a change in the PEB fitness determination for the hepatitis C 
and, therefore, no additional disability rating can be recommended. 

 

 

BOARD FINDINGS: IAW DoDI 6040.44, provisions of DoD or Military Department regulations or 
guidelines relied upon by the PEB will not be considered by the Board to the extent they were 
inconsistent with the VASRD in effect at the time of the adjudication. As discussed above, PEB 
reliance on DoDI 1332.39 was operant in this case and the condition was adjudicated 
independently of that instruction by the Board. In the matter of the chronic back pain due to 
lumbar DDD condition and IAW VASRD §4.71a, the Board unanimously recommends no change 
in the PEB adjudication. In the matter of the chronic neck pain condition, the Board 
unanimously recommends no change in the PEB adjudication. In the matter of the chronic knee 
pain condition, the Board unanimously recommends no change in the PEB adjudication. In the 
matter of the chronic right ankle pain condition, the Board unanimously recommends no 
change in the PEB adjudication. In the matter of the contended hepatitis C condition, the Board 
unanimously recommends no change from the PEB determination as not unfitting. There were 
no other conditions within the Board’s scope of review for consideration. 

 


RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of 
the CI’s disability and separation determination, as follows: 

 

UNFITTING CONDITION 

VASRD 
CODE 

RATING 

Chronic Back Pain due to Lumbar Degenerative 
Disc Disease EPTS 

5299-5237 

10% 

Chronic Neck Pain EPTS 

5099-5003 

EPTS, Not Service Aggravated 

Chronic Knee Pain EPTS 

5099-5003 

EPTS, Not Service Aggravated 

Chronic Right Ankle Pain EPTS 

5099-5003 

EPTS, Not Service Aggravated 

COMBINED 

10% 



 

 

The following documentary evidence was considered: 

 

Exhibit A. DD Form 294, dated 20120606, w/atchs 

Exhibit B. Service Treatment Record 

Exhibit C. Department of Veterans’ Affairs Treatment Record 

 

 

 

 

 xxxxxxxxxxxxxxxxxxxxxxxxx, DAF 

 Acting Director 

 Physical Disability Board of Review 

 


SFMR-RB 


 

 

MEMORANDUM FOR Commander, US Army Physical Disability Agency 

(TAPD-ZB / xxxxxxxxxxxx) 2900 Crystal Drive, Suite 300, Arlington, VA 22202-3557 

 

SUBJECT: Department of Defense Physical Disability Board of Review Recommendation 
for xxxxxxxxxxxxxxxxxxxxxxxx, AR20130005550 (PD201200508) 

 

 

I have reviewed the enclosed Department of Defense Physical Disability Board of 
Review (DoD PDBR) recommendation and record of proceedings pertaining to the 
subject individual. Under the authority of Title 10, United States Code, section 1554a, 
I accept the Board’s recommendation and hereby deny the individual’s application. 

This decision is final. The individual concerned, counsel (if any), and any Members of 
Congress who have shown interest in this application have been notified of this decision 
by mail. 

 

 BY ORDER OF THE SECRETARY OF THE ARMY: 

 

 

 

 

Encl xxxxxxxxxxxxxxxxxxxxx 

 Deputy Assistant Secretary 

 (Army Review Boards)